A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s territorial branch on June 2, 2008, and a summary order of KRW 5 million for the same crime in the same court on July 3, 2015, respectively.

1. Around January 13, 2020, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving the NAE (NEA) under the influence of alcohol without obtaining a license from approximately 1km section from the roads adjacent to C in Tong-si B to the roads adjacent to E in Tong-si, Tong-si, Tong-si. In order to ensure that the Defendant is under the influence of alcohol at least 0.079% while under the influence of alcohol (125C).

As a result, the defendant has violated the prohibition of drunk driving (Article 44 (1) of the Road Traffic Act) more than twice, and at the same time, he has driven the above motorcycle without obtaining a license for a motorcycle.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile without registration as a holder of the NAEN; and (b) operated the said automobile without mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking driving, investigation report (report on the circumstances of drinking drivers), register of driver's licenses for automobiles, and investigation report ( Results of inquiry into details of mandatory insurance subscription);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Selection of a sentence under Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for the crimes of violation of the Road Traffic Act with heavier punishment shall be imposed) of the ordinary concurrent crimes, and selection of a sentence of imprisonment with prison labor;

1. Article 37 of the Criminal Code among concurrent crimes.